Friday, December 2, 2011

High Court takes exception to casual approach of Central agencies to Sikkim’s road network requirements


MINISTRY OF SURFACE TRANSPORT AND BRO DIRECTED TO PRIORITIZE SIKKIM’S URGENCY, USE WINTER WORKING SEASON EFFECTIVELY TO IMPROVE ROADS

GANGTOK, 01 Dec: The High Court of Sikkim has taken exception to the apparently casual approach of the Central government, namely the Ministry of Surface Transport and the Director General, Border Roads Organisation, to Sikkim’s urgent and long pending requirement of a proper road network particularly an all-weather national highway.

The High Court has noted that the pace at which the central government agencies, including the BRO, are progressing on the widening and maintenance of NH 31A and the State roads under their charge is “…far from satisfactory considering the urgency and importance of the works in progress”.
This, the Court observed when the compliance report of the central government agencies was filed before it on 19 November, 2011 and which, did not indicate much progress from the progress report filed in September earlier this year.
The delay, it was informed, is largely due to non sanction of funds by the Ministry of Surface Transport for compulsory afforestation for certain road projects as required under law before work can begin and secondly, the cumbersome process of acquiring necessary land from the West Bengal government for undertaking the necessary road projects which fall in that state.
The High Court has directed the Ministry of Surface Transport to ensure that necessary sanction of funds for compulsory afforestation be released urgently to the Director General, BRO, for the two road projects which have been pending awaiting such sanction. The Court also noted that the BRO and Project Swastik should have shown more promptitude in the preparation of the estimates for fund required for afforestation for another of the proposed road project.
Observing that the matter of delay in land acquisition by the BRO from the Forest Department, West Bengal, which is informed to have been paid the necessary funds for afforestation, needs to be taken up with greater seriousness, the High Court has directed the Ministry of Surface Transport, the BRO Director General and the Home Ministry to ensure that West Bengal transfers the land to the BRO urgently to enable the agency to take up the necessary works expeditiously and as per the project plan.
Project Swastik has also been directed to submit the specification of rates for compulsory afforestation urgently to the Director General, BRO.
Lastly, Acting Chief Justice SP Wangdi has observed that all respondents “…shall take up the matter by according it the priority it deserves so that optimum amount of work can be completed during the working season which normally extends only up to the month of May each year”.
Out of a total of 37 proposals received by the Border Roads Organisation for widening and maintenance of roads in the state of Sikkim, only 15 have been accorded final approval while another 14 proposals have been accorded approval in-principle by the Ministry of Environment and Forests; another 8 such proposals for road widening works are informed to be pending with the state government.
Among the 15 projects which have been approved and are in various stages of construction, are the NH31A, the JN Marg to Nathula and the North Sikkim Highway. The 14 proposals which have been accorded in-principle approval are subject to conditions such as payment for compulsory afforestation. The Shillong regional office of the MoEF has also sought some clarifications from the BRO regarding these projects. On the other hand, the Bhubaneswar regional office of the MoEF has received 9 proposals for road widening works along NH31A on the West Bengal side.
It will only be on the fulfillment of all conditions that final approval will be granted to the pending proposals following which they can be undertaken by the implementing agency, the BRO.



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